Lutheran Trifoldighed Congregation v. St. Paul's English Evangelical Lutheran Congregation
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buekell, Circuit Judge. Action to set aside a deed purporting to have been executed \ by the trustees of the plaintiff corporation, conveying itsc church property to the defendant. These are the facts, as ^ found, which tvere held to require the judgment complained of: In 1912, plaintiff was composed of thirtv-one members.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buekell, Circuit Judge. Action to set aside a deed purporting to have been executed \ by the trustees of the plaintiff corporation, conveying itsc church property to the defendant. These are the facts, as ^ found, which tvere held to require the judgment complained of: In 1912, plaintiff was composed of thirtv-one members. It was and still is, indebted in the sum of about $600 with n “In the event of a division of this congregation, which God in Ilis mercy forbid, the majority shall be considered as the proper…
1Opinion of the CourtMaeshall, J.
The function of judicial remedies is to redress and prevent wrongs of sufficient dignity according to the written or unwritten law to be worthy of such interference. There are many outside of that field left to be redressed by the condemnation of the wrongdoer’s conscience or social condemnation or penalized in some other way within his environment. The former are denominated remediable rights, — that is such as if violated the right to a remedy is created. The right violated is one thing. The right to a remedy for the wrong is another. The latter is just as inviolable as the former unless…
2Cases cited5 opinions
- Post v. CampbellWisconsin Supreme Court · 1901
- S. L. Sheldon Co. v. MayersWisconsin Supreme Court · 1892
- Meloy v. DoughertyWisconsin Supreme Court · 1862
- Gibson v. GibsonWisconsin Supreme Court · 1899
- Suring v. RollmanWisconsin Supreme Court · 1911
3Cited by2 opinions
- Mueller v. MerzWisconsin Supreme Court · 1964
- Mueller v. MerzWisconsin Supreme Court · 1964